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The register of deeds does not have my home listed.

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Icon Mini Profile flaplant43





Joined: 02 May 2011

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Post Posted: Mon May 02, 2011 12:16 pm    Post subject: The register of deeds does not have my home listed.
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When we did a Cha[ter 7 for credit card debt someone told us that it is possibe to wipe out our mortgage because the mortgage bank never did a register of deeds. Is this a fact?
Icon Mini Profile smithsussane
smith.sussane




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Post Posted: Mon May 02, 2011 8:41 pm    Post subject:
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Hi flaplant!

Welcome to forums!

If there is no record of the mortgage, then it is true that the mortgage will wipe away. The lender won't be able to file a lawsuit against you to foreclose the property.

Sussane
Fran LaPlante

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Post Posted: Sun Jun 12, 2011 9:45 am    Post subject: mortgage
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Since there is no record of mortgage or quitdeed on record and you say the mortgage will wipe away, how does one go about pursueing this? Would we need a lawyer?
Icon Mini Profile smithsussane
smith.sussane




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Post Posted: Sun Jun 12, 2011 11:22 pm    Post subject:
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Hi Fran!

Welcome to forums!

It will be definitely a good option to take the help of a lawyer in this matter.

Sussane
Icon Mini Profile gmakerley
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Post Posted: Thu Jun 16, 2011 11:02 am    Post subject:
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It is not only "a good option" to speak with an attorney; it is imperative, mandatory, essential, and (please consult your local thesaurus for additional synonyms).

By all means, you need to speak with an attorney who has expertise in the matter of real estate, to determine what your rights and responsibilities are in this scenario.

You signed a promissory note, right? That alone will obligate you to make payments, regardless of the recordation of a mortgage.

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